Maryland Accessibility Laws: ADA and FHA Explained for Renters

If you rent a home or apartment in Maryland and have a disability, you are protected by federal and state laws that ensure your right to accessible housing. Two important laws, the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA), establish standards for accessibility and outline your rights if you need accommodations. Knowing the difference between these laws and how they apply in Maryland will help you advocate for accessible, comfortable living.

Understanding ADA and FHA: What’s the Difference?

Both the ADA and the FHA offer protections, but they apply differently to various housing situations:

• ADA: Applies mainly to public areas of housing, such as offices, rental lobbies, and community spaces—not to private apartments or rental homes.
• FHA: Broadly covers almost all types of housing, including apartments and rental homes, and requires landlords to make reasonable accommodations for people with disabilities.

The Maryland Commission on Civil Rights (MCCR) enforces these housing standards within the state and offers resources for renters experiencing discrimination.

What Accessibility Means in Practice

Accessibility standards are about more than ramps and elevators—they ensure equal opportunity to enjoy your home. Under the FHA, this can include:

• Allowing service animals even in “no pets” buildings
• Permitting the installation of grab bars, ramps, or visual doorbells (at the renter’s expense if not required by law)
• Granting reserved accessible parking spaces
• Making policy exceptions for support persons or caregivers

If you need an accommodation, you have the right to formally request it, and your landlord must respond promptly and may only refuse if it imposes an undue financial or administrative burden.

How to Request a Disability Accommodation in Maryland

When you need a change to the rules, policies, services, or physical features of your rental for accessibility reasons, you can:

1. Request the accommodation in writing (recommended for documentation).
2. Specify the change you need, and explain why it’s necessary due to your disability (you don’t need to disclose your diagnosis, just the functional need).
3. If the landlord requires verification, provide a letter from a health professional or supporting documentation.

The Maryland Commission on Civil Rights offers guidance on this process. If your request is denied or ignored, you can file a formal complaint.

Key Forms for Renters

• MCCR Housing Discrimination Complaint Form (PDF)
  When to use: If you believe your landlord is discriminating based on disability or refusing a reasonable accommodation, complete this form. For example, if your landlord denies your request for a ramp, you can start the complaint process here.
  How: Download, complete, and submit the form to the Maryland Commission on Civil Rights.

Maryland’s Key Agency for Housing Complaints

In Maryland, the Maryland Commission on Civil Rights (MCCR) is the official board that investigates and resolves housing discrimination claims, including those involving disability accommodations. They guide both renters and housing providers and oversee compliance with state and federal law.

For cases involving subsidized or federally assisted housing, the U.S. Department of Housing and Urban Development (HUD) may also accept complaints.

Relevant Legislation in Maryland

• Maryland Real Property Code, § 8-107, Discrimination Prohibited: Incorporates federal fair housing protections into state law.
• Fair Housing Act (42 U.S.C. §§ 3601–3619)
• Americans with Disabilities Act (ADA) for public/common areas

Landlords must comply with these laws. Remember, Maryland law also prohibits retaliation against renters who request reasonable accommodations.

Frequently Asked Questions

1. What is a reasonable accommodation under the FHA?
   A reasonable accommodation is any change to rules, policies, or services so a person with a disability can have equal use and enjoyment of their home. Examples include allowing service animals or granting accessible parking spaces.
2. How do I file a complaint if my landlord refuses an accommodation?
   Complete the MCCR Housing Discrimination Complaint Form, then submit it to the Maryland Commission on Civil Rights.
3. Do all rental units in Maryland have to be wheelchair accessible?
   Not all units must be accessible, but landlords cannot deny reasonable modifications at your expense and must allow accommodations. Common areas in newer buildings have specific accessibility requirements.
4. Can a landlord charge me extra for a service animal?
   No, the landlord cannot charge pet fees or deposits for a service animal or emotional support animal under the FHA and Maryland law.
5. Who oversees disability housing rights in Maryland?
   The Maryland Commission on Civil Rights (MCCR) handles rental housing complaints related to accessibility and discrimination.

Key Takeaways for Maryland Renters

• ADA and FHA offer important but different protections; the FHA is most crucial for Maryland renters.
• You have the right to request reasonable accommodations or modifications for accessibility needs.
• The Maryland Commission on Civil Rights is your main resource for concerns or complaints about disability rights in housing.

Understanding these laws helps secure your right to accessible, comfortable housing in Maryland.

Need Help? Resources for Renters

• Maryland Commission on Civil Rights (MCCR): Official board for housing discrimination complaints and resources
• MCCR Housing Discrimination Complaint Form (PDF)
• File a Complaint Online with MCCR
• HUD Office of Fair Housing and Equal Opportunity
• Contact MCCR (Phone, Email, In-Person)

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1. Maryland Commission on Civil Rights—Disability Housing Discrimination Overview
2. Americans with Disabilities Act (ADA) official portal
3. Fair Housing Act official summary
4. Maryland Real Property Code, § 8-107
5. Fair Housing Act, 42 U.S.C. §§ 3601–3619

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